SUBRAMANIAM SWAMY Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) This Revision Petition is filed by Dr. Subramaniam Swamy against the order of the Additional District and Sessions Judge, Delhi, dated 17th September, 1982. That order was passed in the appeal filed by Dr. Swamy against the order of Sub-Judge 1st Class, Delhi, dismissing the suit of Dr. Swamy. The suit was filed by Dr. Swamy against the Indian Institute of Technology, Delhi, for a declaration that the order of termination of his service passed on 11-12-1972 and the resolution of the Board of the Institute dated 4-12-1972 and void and illegal. He had further claimed for declaration that his status as a permanent Professor in Economics remained unaffected by the order of termination and that he remained in service of the Institute.

(2.) Dr. Swamy returned to India after working as an Assistant Professor, Department of Economics, Harvard in August, 1969. The Director of the respondent-institute offered him the assignment as a Professor in Economics. The Selection Committee of the Institute met on 4-12-1969 and recommended an appointment as a Visiting Staff Member in the Department of Humanities and Social Sciences on the starting salary of Rs.1,100.00 permonthinthe scale of Rs. 1100-1600.00 for the next semester upto June, 1970. The Committee interviewed Dr. Swamy. The Committee notes in the minutes : "in addition to his internationally recognised expertise in the quantitative techniques of economic analysis in the field of industrial economics and regional economics, with special reference to India and China, Dr. Swamy has held with distinction Kfaculty post in the Department of Economics of Harvard University since 1965."

(3.) On 5-12-1969 Dr. Swamy started working on the visiting assignment. In March, 1970 the Institute re-advertised the post of a Professor in Economics. By Office Mamoranda from time to time he was asked to continue in the post of a Professor till October, 1971. On 27-9-1971 the Selection Committee of the Institute met for the permanent appointment to the post of a Professor in Economics. The Selection Committee considered about 40 applications and selected Dr. Swamy. The Committee recommended th Dr. Swamy be offered the chair of Professor of Economics in the Institute at Rs. l,250.00 . Office Memo. appointing Dr. Swamy to the post of Professor was issued on 9-10-1971. He was appointed as a permanent Professor on probation for a period of one year with effect from 1st October, 1971. Dr. Swamy wanted the period of probation to be waived as he was already working as a Professor for about two years prior to his regular and permanent appointment as a Professor bat his request was turned down by the Institute. On 4-9-1972 the Board of the Institute gave written permission to Dr. Swamy to attend the conference for two weeks at Montreal, Canada. The probation period of Dr. Swamy was extended for three months, that is from 1-10-1972 to 1-1-1973 by office Memo. dated 28-9-1972. On 26-10-1972 the Director of the Institute called for an explanation from Dr. Smamy as to why he went abroad without the permission. Dr. Swamy replied that he had a permission in writing from the Board. But before the Director called for the explanation of Dr. Swamy the Board of the Institute had requested the Director to make a report on the foreign trip of Dr. Swamy and his alleged participation in the I.I.T. employees agitation. It may be noted that the Board had called this report on 23-9-1972 and on 28-9-1972 the probation period was extended for three months. The Director made his report to the Board on 1-11-1972. The report stated that the employees of the Institute wanted a recognition for their Union for voicing their demands. Their major demand was for departmental promotions to ministerial and technical posts on the basis of senioritycum-fitness. The Board was considering this matter when the probation period of Dr. Swamy was extended. The employees then started agitating against the extension of the period of probation of Dr. Swamy. They held dharnas and daily meetings. Amongst other employees Dr. Swamy addressed the meetings. The Director reparted that due to these activities the Institute work had slowed down and there was general dissolution particularly in the administrative section. After the employees were given hearing by the Chairman on their demands the dharna was lifted on 30th October, 1972. After Dr. Swamy had replied to the earlier Memorandum for not obtaining the permission of the Board to go abroad he was asked to explain as to why he went abroad without obtaining the sanction of the Education Ministry. In his reply Dr. Swamy informed that he was never told by the Board to obtain the permission of the Ministry and he presumed that it was the matter between the Board and the Ministry. He also gave instances of the members of teaching staff going abroad without the permission of the Ministry of Education. On 4th December, 1972 the Board of Governors met. The item on the agenda was "to consider the request of Professor Swamy for grant of permission to serve as Director of a private bank, "But the Board took up the question of confirmation of Dr. Swamy for decision. The minutes of the meeting apparently show that the Board came to a conclusion "that the work and conduct of Professor Swamy has not been found to be satisfactory. on the basis of a report made by the Director of Institute which was circulated to the members of the Board. The Board decided that Dr. Swamy should not be confirmed and his services should be terminated. The report of the Director of the Institute referred to in the Board's minutes was produced in the Court by the respondent on the request of Dr. Swamy. The report shows that the Director had repeated his earlier comment that Dr. Swamy was a moving force in organisation the Union of the teaching staff and the administrative staff and the Union was agitating for canfirmation of Professor Swamy, as their sole remaining issue after their other demands were satisfied. It was srated that Professor Swamy had recently threatened that if he was asked to leave his un-restrained activities he would even be a greater source of trouble for the Institute. It was then stated that he had achieved a measure of success (in organising the employees) and "there was no reason to suppose that his substantative appointment would prove a deterrant rather than an encouragement." It was then reiterated that Dr. Swamy openly violated the Institute's authority and Government of India's rule in going abroad in September, 1972. Then came the assessment of Dr. Swamy's work and conduct :